Mr. Rajiv Shah v. Mrs. Shilpa Shah

Digitally signed by GAURI AMIT GAEKWAD Date:

2022.07.08 15:38:23 +0530 GAURI AMIT GAEKWAD 1/10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.255 OF 2013 WITH CIVIL APPLICATION NO.372 OF 2013 IN FAMILY COURT APPEAL NO.255 OF 2013 Shilpa Rajiv Shah ....Appellant V/s.

Rajiv Jaysukhlal Shah ....Respondent WITH FAMILY COURT APPEAL NO.22 OF 2014 Rajiv Jaysukhlal Shah ....Appellant V/s.

Shilpa Rajiv Shah ....Respondent ---- Mr. D.S. Manerkar for appellant.

Ms. T.V. Chavan i/b. Mr. Pradip Chavan and Associates for respondent in FAC/255/2013 and for appellant in FCA/22/2014. ---- CORAM : K.R. SHRIRAM & MILIND N. JADHAV, JJ.

DATED : 7th JULY 2022 P.C. :

Further to order passed by this Court on 6th July 2022, parties have entered into consent terms dated 7th July 2022. The consent terms signed by appellant, respondent and their respective advocates is taken on record and marked "X" for identification. Both counsel state that appellant and respondent are present in Court and identify them. Order in terms of the consent terms. All statements accepted as undertakings to this Court. All undertakings are also accepted.

2/10 For ease of reference, the consent terms is scanned and reproduced hereinbelow :

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8/10 Ms. Chavan states that even though in the consent terms the time is provided of six weeks, 50% will be paid latest by today. Ms. Chavan states that if appellant gives the bank account details, the amount can be

9/10 even transferred into her account by NEFT. Mr. Manerkar, on instructions, states that respondent can issue a cheque for Rs.25 lakhs today and he does not want any amount by NEFT. Mr. Manerkar states that even a demand draft can be issued. Ms. Chavan states that the remaining amount will be paid within four weeks. Ms. Chavan states that if respondent is able to arrange for the money earlier than four weeks, that amount will also be handed over by way of demand draft. Statements accepted as undertakings to this Court.

Upon the entire amount being paid, as mentioned in the consent terms, appellant shall file the necessary undertakings etc. After the entire amount is paid, decree to be drawn up as per the consent terms read with this order.

Mr. Manerkar, on instructions assures the Court that once the amount is paid, whatever affidavit is required to be filed by appellant for quashing of the proceedings filed against respondent and his family under Section 498A of the Indian Penal Code, such affidavit shall be provided within one week of the entire amount being paid. Both appeals disposed in terms of the consent terms. Interim application, if any, also stands disposed.

No order as to costs. Certified copy be expedited.

10/10 Liberty is granted to appellant to apply in case the amounts are not paid.

(MILIND N. JADHAV, J.) (K.R. SHRIRAM, J.)